How Can An Assault With A Deadly Weapon Attorney Help Me Win My Case? PC 245
Under California Penal Code section 245, assault with a deadly weapon is an unlawful attempt, coupled with a present ability, to inflict bodily injury upon an individual while using a deadly weapon. A deadly weapon is any object that may be used to inflict severe bodily injury. Assault with a deadly weapon is also referred to as aggravated assault. If you have been charged with aggravated assault, you need to…
Read MoreWhat Will Be My Punishment For My First Time Assault Offense In Ventura?
Under Penal Code section 241, to convict you of assault in Ventura a prosecutor has to prove that you willfully and unlawfully attempted to injure someone else and had the present ability to do so. Essentially, this means that: (1) You tried to injure someone else (2) You were in control of your actions; and (3) You were not provoked or otherwise allowed to do it Under California Penal Code…
Read MoreCan I Be Found Guilty Of Brandishing A Weapon Charges In San Bernardino If I Acted In Self Defense?
You will be given a certain amount of leeway if you can establish that you were not the initial aggressor, meaning you did not start the fight or was the first to draw a weapon. However, you can still face criminal charges if you continued to exhibit aggression or use force after the threat is over or neutralized. This ironically turns you into the initial aggressor. This could be true…
Read MoreCan I purchase or own a gun if I have been convicted of a misdemeanor?
Can I purchase or own a gun if I have been convicted of a misdemeanor? Also, how can I get my gun rights reinstated if I want to purchase a firearm? A: California’s gun laws are some of the most complicated, vague and confusing laws of any laws on the books anywhere. There are a number of misdemeanor offenses that require that a person who is convicted of the offense…
Read MoreWHAT KIND OF PUNISHMENT AM I FACING FOR FELONY ASSAULT UNDER PENAL CODE 245(A)(1) IN CALIFORNIA?
The answer to this question really depends on the exact charge under section 245(a)(1). This crime can be a serious felony, or a “strike” if the victim actually suffered great bodily injury or if it was committed with the use of a dangerous or deadly weapon. It can also be a regular, non-strike felony if there was no weapon used but was committed with “force likely to cause great bodily…
Read MoreI am being charged with felony assault under penal code 245(a)(1) in California. Is this charge a “strike”?
Penal code section 245(a)(1) is one of the most confusing penal code sections in California. That is because it can be a strike offense or a non-strike offense depending on how the district attorney charges the case. If you are accused of using a deadly weapon or causing great bodily injury to a victim in the course of a 245(a)(1) offense then it is charged as a strike offense and…
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